I agree with Ashton that it is a bad idea -- an awful idea -- to have the DoJ's Civil Rights Division investigate the IRS scandal. I also agree with Ashton that in the short run, the best thing of all is to keep letting Congress (and the press) investigate this outrage, and let the body politic be the judge. In fact, that's what Andy McCarthy argues today at National Review Online, with superb reasoning:
The Framers would have been astounded at the notion that Congress’s responsibility to ensure the proper working of government could be delegated to an unaccountable prosecutor. The paramount question is whether the government is out of control, not whether some mid-level official (or even a higher official) can be convicted by a jury.
Indeed, I think there is some agreement between Mukasey…[more]
Amid the unfolding IRS scandal, one important lesson remains underreported.
Going forward and from a broader perspective, it’s also one that may prove particularly potent and lasting. Specifically, what the debacle teaches in our ongoing debate over campaign finance regulation and the First Amendment freedom of private association without fear of retaliation or persecution.
Absent that freedom, other rights can be effectively nullified.
In that regard, the U.S. Supreme Court provided enduring guidance with its 1958 decision in NAACP v. Alabama. There, government…
"What’s the difference between keeping President Obama 'updated throughout the night' on a deadly terrorist attack in Benghazi and keeping him 'updated throughout the night' on a deadly tornado in Oklahoma? The president could have actually done something about Benghazi."…[more]